Innscor Africa Limited v Darlington Manyange

[2013] ZWLC 74

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Case Details

Court

Labour Court

Date

26 October 2012

Citation

[2013] ZWLC 74

Judgment No.

LC/H/74/2013

Outcome

unknown

Case Type

Appeal

Bench

Presiding

L. Kudya

Full Bench

L. Kudya

Areas of Law

Labour LawArbitration Law

Keywords

Unfair dismissalArbitration awardNatural justiceReinstatementBias

Key Issues

{"issue_text":"Whether the arbitrator failed to observe principles of natural justice by displaying bias and deciding without calling parties to appear","issue_type":"procedural","dispositive":"yes","related_facts":"Arbitrator made award without oral hearing; appellant claims denied opportunity to call witnesses"}
{"issue_text":"Whether the appellant was denied the right to be heard during arbitration proceedings","issue_type":"procedural","dispositive":"yes","related_facts":"Appellant claims not given chance to make oral submissions; respondent argues appellant had ample time"}

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Facts of the Case

Background

The respondent employee was dismissed for alleged fraud after a workplace hearing conducted in his absence. Criminal charges were previously dropped for lack of evidence. An arbitrator ordered reinstatement or damages, which the appellant employer challenged on grounds of alleged bias and denial of right to be heard.

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